Seagrape Investors LLC v. Tuzman et al
| Seagrape Investors LLC |
| Joseph P. Garland, Amanda Blaurock, Obra Pia Management, GP, Ltd., Obra Pia (US) Feeder, LP, Obra Pia Ltd., Kaleil Isaza Tuzman, Kenneth A. Elan, Rosario Davi, KIT Capital (Nevis) LLC, Obra Pia Ltd., Surcusal Colombia and KIT Capital Ltd. |
| 1:2019cv09736 |
| October 21, 2019 |
| US District Court for the Southern District of New York |
| Ronnie Abrams |
| Sarah Netburn |
| Securities/Commodities |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
197
ORDER denying 194 Letter Motion for Discovery. Plaintiff's letter motion to compel supplemental discovery is DENIED. Defendants' request for fees, costs, and expenses is DENIED. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 194. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 10/6/2023) (dsh)
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Filing
184
ORDER: The parties are directed to file a joint status letter, including a proposed briefing schedule on Plaintiff's motion for attorneys' fees, no later than September 8, 2023. The parties are further directed to contact Courtroom Depu ty Rachel Slusher at Rachel_Slusher@nysd.uscourts.gov with three mutually convenient dates to schedule a settlement conference if they believe it would be productive at this time. (Signed by Magistrate Judge Sarah Netburn on 8/4/2023) (ras)
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Filing
182
ORDER: A conference is scheduled for Friday, August 4, 2023, at 11:00 a.m. At that time, the parties should dial into the Court's dedicated teleconferencing line at (877) 402-9757 and enter Access Code 7938632, followed by the pound (#) ke y. The purpose of this conference is to discuss the parties' dispute regarding Plaintiff's counsel's fees. ( Telephone Conference set for 8/4/2023 at 11:00 AM before Judge Ronnie Abrams.) (Signed by Magistrate Judge Sarah Netburn on 7/31/2023) (ate)
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Filing
180
MEMORANDUM AND OPINION re: 165 MOTION for Summary Judgment . filed by Seagrape Investors LLC.For the foregoing reasons, as well as those articulated in the Court's decision dated September 23, 2022, Seagrape' ;s motion for summary judgment is granted. Although Seagrape's right to payment from Defendant OP BVIbut not the other Obra Pia debtorsremains subordinated pursuant to the Subordination Agreement, the Court is not precluded from e ntering judgment for Seagrape at this time. By separate order, the Court will refer this matter to Judge Netburn for an inquest into the amount of attorney's fees and costs owed. The Clerk of Court is directed to terminate the motion pending at ECF No. 165. (Signed by Judge Ronnie Abrams on 7/26/2023) (tro)
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Filing
162
ORDER: In light of the recent decision on Plaintiff's motion for summary judgement, the parties are directed to meet and confer to discuss whether a settlement conference would be productive at this time. The Court is currently scheduling set tlement conferences eight weeks from when requested. Therefore, if the parties wish to schedule a settlement conference, they are urged to do so soon by emailing Courtroom Deputy Rachel Slusher at Rachel_Slusher@nysd.uscourts.gov with three mutually convenient dates. (Signed by Magistrate Judge Sarah Netburn on 9/27/2022) (ras)
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Filing
161
ORDER denying 133 Motion for Summary Judgment. For the reasons discussed at today's conference, Plaintiff's motion for summary judgment is denied. The parties are directed to file a joint status letter on or before September 28, 2022, proposing next steps in this action as well as in the related case Seagrape Investors LLC v. Tuzman et al., 21-cv-07517. The Clerk of Court is respectfully directed to terminate the motion pending at docket entry 133. SO ORDERED.. (Signed by Judge Ronnie Abrams on 9/23/2022) (kv)
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Filing
157
ORDER: The Court will hold a conference in this matter on September 16, 2022 at 3:00 p.m. to discuss Plaintiff's pending motion for summary judgment. The conference will be held via videoconference using Microsoft Teams. The Court will emai l the parties the Microsoft Teams link in advance of the argument. Members of the public may access the proceeding by using the following dial-in information: Call-In Number: (646) 453-4442; Access Code: 246440079#. ( Status Conference set for 9/16/2022 at 03:00 PM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 9/13/2022) (ate)
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Filing
151
ORDER: A settlement conference is scheduled for Thursday, January 6, 2022, at 10:00 a.m. and will be held telephonically. The Court will provide dial-in information before the conference. The parties are directed to review and comply with the Procedu res for Cases Referred for Settlement to Magistrate Judge Sarah Netburn, a copy of which is available on the Court's website at https://nysd.uscourts.gov/hon-sarah-netburn. The parties are strongly encouraged to engage in good-faith settlement negotiations before the settlement conference and preferably before the submission to the Court of the Ex Parte Settlement Letters and Acknowledgment Forms, which are to be submitted by Wednesday, December 29, 2021. Should the parties resolve the li tigation before the conference date, they must notify the Court in writing immediately. SO ORDERED., ( Settlement Conference set for 1/6/2022 at 10:00 AM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 11/17/2021) (ama)
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Filing
131
ORDER: On April 30, 2021, the parties filed a joint status letter indicating that they were interested in conducting a settlement conference before the Court. Accordingly, a telephonic settlement conference is scheduled for June 1, 2021, at 10:00 a.m. At that time the parties should dial into the Court's dedicated teleconferencing line at (877) 402-9757 and enter Access Code 7938632, followed by the pound (#) sign. At least one week before the conference the parties shall submit their ex parte settlement letters and attendance forms in accordance with Judge Netburn's individual rules of practice. So Ordered. (Settlement Conference set for 6/1/2021 at 10:00 AM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 5/3/2021) (js)
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Filing
122
ORDER: On Wednesday, March 10, 2021, the parties appeared before the Court for a telephonic discovery conference at which to discuss the Defendants' motion at ECF No. 119. For the reasons discussed at that conference, the motion is GRANTED in PART: Seagrape may depose Mike Singer, limited to three hours; it may also depose Kaleil Isaza Tuzman, CEO and principal owner of the OP Defendants, and Rosario Davi, CFO of the OP Defendants. Seagrape will withdraw its deposition of Thomas Herman, who is no longer affiliated with the OP Defendants. The parties will meet and confer and file a joint letter requesting an extension of the discovery deadlines, as needed. (Signed by Magistrate Judge Sarah Netburn on 3/10/2021) (ras)
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Filing
114
ORDER: On January 18, 2021, Defendant Obra Pia filed a motion to compel discovery, which has since been opposed by Plaintiff Seagrape. See ECF Nos. 109, 112. Accordingly, a telephonic discovery conference is scheduled for February 3, 2021, at 10:30 a.m. at which to discuss the motion. At that time, the parties should dial the Court's dedicated teleconferencing line at (877) 402-9757 and enter Access Code 7938632, followed by the pound (#) key. (Discovery Hearing set for 2/3/2021 at 10:30 AM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 1/26/2021) (ras)
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Filing
100
ORDER re: 99 Order on Motion for Conference, Order on Motion for Extension of Time to Answer. In its previous order, the Court scheduled a telephone conference for December 17, 2020 concerning the counterclaims recently asserted by Defendants. See Dkt. 99. The Court also ordered Plaintiff to file a letter by November 23, 2020, of no longer than ten double spaced pages, further substantiating its assertion that Defendants' counterclaims are identical to claims the Court dismissed in t he related action and therefore barred under the doctrines of res judicata and collateral estoppel. Defendants were to have until December 4, 2020 to respond. Plaintiff did not file such a letter. The Court will give Plaintiff a final opportunity to do so by Wednesday, December 2, 2020. Defendants' time to respond is extended until Friday, December 11, 2020. SO ORDERED. (Signed by Judge Ronnie Abrams on 11/25/2020) (kv)
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Filing
78
OPINION & ORDER re: 48 FIRST MOTION to Dismiss First Amended Complaint. filed by Kenneth A. Elan, 42 MOTION to Dismiss Notice of Motion to Dismiss. filed by KIT Capital Ltd., Obra Pia Ltd., KIT Capital (Nevis) LLC, Obra Pia Management, GP, Ltd., Obra Pia (US) Feeder, LP, Kaleil Isaza Tuzman, Obra Pia Ltd., Surcusal Colombia, 39 MOTION to Dismiss the First Amended Complaint. filed by Joseph P. Garland, 43 MOTION to Dismiss Declaration o f John Giardino. filed by KIT Capital Ltd., Obra Pia Ltd., KIT Capital (Nevis) LLC, Obra Pia Management, GP, Ltd., Obra Pia (US) Feeder, LP, Kaleil Isaza Tuzman, Obra Pia Ltd., Surcusal Colombia, 44 MOTION to Dismiss Memorand um of Law in Support of Motion to Dismiss. filed by KIT Capital Ltd., Obra Pia Ltd., KIT Capital (Nevis) LLC, Obra Pia Management, GP, Ltd., Obra Pia (US) Feeder, LP, Kaleil Isaza Tuzman, Obra Pia Ltd., Surcusal Colombia. For the reas ons set forth above, the OP Defendants motion to dismiss is granted in part and denied in part. Specifically, the Court grants their motion as to Seagrapes first cause of action for violations of Section 10(b) and Rule 10b-5, second cause of action f or common law fraud, and fourth cause of action for breach of fiduciary duties, but denies it as to Seagrapes third cause of action for breach of contract. Defendants Garlands and Elans motions to dismiss are granted in full. According to the docket, Defendants Blaurock and Davi have not yet appeared in this action. No later than October 2, 2020, Seagrape shall file a letter explaining when and how it effectuated service upon Defendants Blaurock and Davi, whether it has been in contact with these Defendants, and whether it intends to move for a default judgment against them. The Clerk of Court is respectfully directed to terminate the motions pending at Dkts. 39, 42, 43, 44, and 48. (Signed by Judge Ronnie Abrams on 9/25/2020) (rj)
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Filing
68
ORDER: On January 24, 2020, Defendants Kaleil Isaza Tuzman, KIT Capital Ltd., KIT Capital (Nevis) LLC, Obra Pia Ltd., Obra Pia (US) Feeder, LP, Obra Pia Management, GP, Ltd., and Obra Pia Ltd. Surcusal Colombia filed a motion to dismiss Plaintiff 's First Amended Complaint. See Dkts. 42-44. Plaintiff filed an opposition on February 14, 2020. See Dkt. 51. Defendants' reply brief was due on March 10, 2020. See Dkts. 60-61. To date, however, Defendants have not filed their reply. No later than July 13, 2020, Defendants shall file their reply brief, or a letter indicating that they do not intend to file any reply. SO ORDERED. (Signed by Judge Ronnie Abrams on 7/8/2020) ( Replies due by 7/13/2020.) (ks)
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Filing
64
ORDER: The parties shall file a joint letter by May 18, 2020, updating the Court on the status of discovery and settlement negotiations in these cases. The parties are also reminded to contact Courtroom Deputy Rachel Slusher at rachel_slusher� 64;nysd.uscourts.gov to schedule a settlement conference for a time they believe would be productive. See ECF No. 58. Settlement conferences may be held over the phone. The Clerk of Court is respectfully requested to terminate the motion at ECF No. 59 in 19-cv-7840. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 4/16/2020) (js)
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Filing
32
ORDER: A discovery conference is scheduled for Friday, January 03, 2020, at 11:30 a.m. in Courtroom 219, Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, to discuss the issues raised in the parties December 20, 2019 joint letter . If this date is unavailable for any party, they must contact Courtroom Deputy Rachel Slusher immediately at (212) 805-0286. SO ORDERED. ( Discovery Hearing set for 1/3/2020 at 11:30 AM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 12/26/2019) (va)
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